22B. Knowledge of psychoactive substance

Where knowledge that a substance is a psychoactive substance is a fault element of an offence in this Act, that fault element is established if the person alleged to have committed the offence —

knows that the psychoactive substance has the capacity to have a psychoactive effect on an individual if the individual smokes, administers to himself or herself or otherwise consumes, the substance or product; and

did not believe or had no reason to believe that the psychoactive substance is an excluded substance,whether or not that person knows the name or chemical composition of the psychoactive substance.